October 17, 2017
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Terms of Use

TERMS OF USE – effective 5/26/2016

Welcome to the fourthandgoal.com website.  These terms of use (“Terms of Use”) govern your use of this website (referred to as “website” or “site”) and all content available on the website. Please read these terms carefully. By using this website, you agree to be bound by the terms below.   The material provided by Fourth & Goal, LLC (“we” or “us”) through this website is for informational purposes and personal use only and is subject to change.

Please note that we may modify these Terms of Use at any time by posting notice of such changes online and that all such modifications shall apply to you commencing on the date of such posting.

License and Protection of Content Access to content available through the site is granted for your personal use only.  You may not reproduce, transmit, distribute or otherwise use any content for any commercial purpose.  The burden of determining whether any information or other content on the service is subject to any copyright, right of privacy or other proprietary right rests with you.  You acknowledge that the content available through this site remains the property of its owners and you do not acquire any ownership rights by accessing materials from this site. You further agree not to remove any copyright or other proprietary rights notice from any material that you obtain from the site.  In addition, you may not frame any of the pages on this site, display this site or use the content on this site in any way that is disparaging to this site or to us or use any trademark displayed on this site without our written consent.  You may, however, create hyperlinks to this site, provided that such links redirect the user to the appropriate location on this site, and that you properly identify/attribute Fourth & Goal as the source.

Postings: Acceptable Conduct.  You agree to conduct yourself appropriately and respectfully on this website. If posting is allowed, you agree not to post or transmit any of the following materials in any area of the site:

* Material that defames, libels, abuses or threatens others.

* Statements that are bigoted, hateful, racially offensive, harassing, defaming, or vulgar.

* Material that infringes any copyright, trademark, trade secret or other proprietary right of a third party or that violates any right of publicity, right of privacy or any other laws or regulations.

* Advertising or any form of commercial solicitation.

* Material that advocates illegal activity or discusses illegal activities with the intent to commit them.

* Material that contains vulgar, obscene or indecent language or images.

* Material that is fraudulent or intentionally misleading

By posting any content on or through the site, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, publish, edit, translate, distribute, transmit and display, the content, either alone or with other material, in any form, media or technology now known or hereafter developed.

You further agree that all information you provide to us will be accurate and not misleading.

We do not guarantee that we will monitor all postings, and cannot guarantee that material in violation of these Terms of Use will not be posted. Please remember that any information that you provide on this site may be viewed by all users.  You should exercise caution when deciding to disclose your personal information.

We reserve the right to remove postings at our discretion.

Interference with Site.  You may not use any device, software or routine that could interfere with the proper working of this site.  You may not take any action, which imposes an unreasonable or disproportionately large load on our site or our web hosting company’s infrastructure.

LIMITATIONS OF WARRANTY YOU AGREE THAT USE OF THE SITE AND THE CONTENT AVAILABLE THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

LIMITATIONS OF LIABILITY.  NEITHER WE NOR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, ADVISORS, SUPPLIERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR OTHERWISE.  IF, NOTWITHSTANDING THE FOREGOING, WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, ADVISORS, SUPPLIERS, AGENTS OR AFFILIATES IS FOUND LIABLE FOR DAMAGES, IT IS AGREED THAT SUCH LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), IN THE AGGREGATE.

ADDITIONALLY, ANY LINKS TO ANY OTHER WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY.  WE DO NOT MONITOR OR ENDORSE ANY WEB SITES LINKED TO THIS SITE OR ANY THIRD PARTY PRODUCTS OR SERVICES.  WITHOUT LIMITING ANYTHING IN THE FOREGOING, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO LINKED SITES OR ANY THIRD PARTY PRODUCTS OR SERVICES.

THESE LIMITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification You agree to indemnify us and our employees, officers, directors, advisors, suppliers, agents and affiliates from and against all liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from your use of the site in violation of these Terms of Use.

Termination or Suspension.  We may terminate or block your access to the site at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users, to our business or to other information providers, or for failure to pay subscription fees, where applicable, or other non-payment of amounts owed to us. In addition, we reserve the right to restrict, suspend, terminate or modify the site with or without notice. The Limitations of Warranty, Limitations of Liability and Indemnification provisions shall survive any termination of your use of the site.

Choice of Law.  These Terms of Use shall be constructed in accordance with and controlled by the laws of the State of Connecticut.  You submit to personal jurisdiction and venue exclusively in the state and federal courts located in the State of Connecticut.

Merger Clause.  These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral between us and you. 

No Assignment; Waiver. The rights granted under these Terms of Use are personal in nature and you may not assign, sublicense or otherwise transfer them to any third party. Our failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect our other rights hereunder.

Severability If any term of these Terms of Use is held to be unenforceable or invalid, for any reason, the remaining provisions shall remain in full force and effect and the affected provision shall be deemed modified to the minimum extent necessary to comply with applicable laws.

Contact Us.  If you have any concerns or questions about these Terms of Use, please send them to admin@fourthandgoal.com.